House of Lords Journal Volume 9: 4 January 1648

DIE Martis, 4 die Januarii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Message from the H. C. with Votes, for no further Application to be made to the King.

A Message was brought from the House of Commons, by Mr. Lilse, &c.; who brought up divers Votes passed by the House of Commons, wherein they desired their Lordships Concurrence.

The Votes were read.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.

Ordered, That these Votes shall be taken into Consideration on Saturday next, at which Time all Lords absent are to have Notice to attend the House.

Answer from the H. C.

Doctor Aylett and Mr. Eltonbeade return with this Answer from the House of Commons:

That they have appointed a Time to take into Consideration the Business concerning Colonel Raynsborough's not going to Sea; and they will send an Answer thereunto by Messengers of their own.

L. Mohun and Sir H. Carew.

The Report of Sir Edward Leech, concerning the Business referred to him and Mr. Hakewill, between the Lord Mohun and Sir Henry Cary, was read. (Here enter it.)

And likewise the Petition of the Lord Mohun, and the Petition of Sir Henry Cary, was read.

It is Ordered, That Sir Edward Leech and Mr. Hakewill shall make further Report, concerning the Matter of Fact of the Contempt, this Day Fortnight; and that an Order do issue out, that no Timber be cut, nor other Profits taken, of the Lands in Question between the Lord Mohun and Sir Henry Cary, until this House shall give further Order.

Sir. J. Lenthall and Lymbery.

Ordered, That the Cause in the Writ of Error between Sir John Lenthall and Lymbery shall be heard, by Counsel on both Sides, the Eighth of this Month.

L. Mohun and Capt. Lea.

Upon reading the Petition of Captain John Lea, against the Lord Mohun:

It is Ordered, That the Lord Mohun shall have a Copy of this Petition, and return his (fn. 1) Answer thereunto.

Ly. J. Boteler's Ordinance.

Broughtons, D°.

L. Mohun and Sir H. Carew.

"3 January, 1647.

"According to your Lordships Order of the Three and Twentieth of October last, Mr. Hackewell and myself did appoint several Days, to take Consideration of the Cause referred unto us, between the Right Honourable Warwick Lord Mohun Complainant, and Sir Henry Carew Knight, Charles Roscarrocke Esquire, and others, Defendants, videlicet, on the Fifteenth of November and the Sixth of December last; both which Days failed: The First, because the Defendants had not Personal Notice of our Warrant. On the Second Day we attended, and the Lord Mohun was present with his Counsel; and after we had expected above Two Hours for the Defendants, we departed, with an Intention to have certified your Lordships of their Failure: But, about Half an Hour after that the Lord Mohun and Mr. Hackwell were gone, Sir Henry Carew came, with his Counsel; and I, hearing his Excuse, did agree to appoint another Day for the Hearing of both Parties. And on the Thirteenth of December both Parties came, with their Counsel And the Questions being many (consisting of the Possession of Five or Six several Manors and other Lands), we entered into the Hearing only of Two of them; videlicet, Trewynnard and St. Day. And I find that the Title for Trewynnard accrued in May, 1643; and the Title of St. Day in February after: But I did not find that the Defendants had any Possession of Trewynnard till July, 1646 (above Three Years after the Title accrued); and that when the Lord Mohun was in London (as he affirmed) following his Composition. But, on the other Part, the Lord Mohun said, he would prove his Possession before that Time, by contracting with Tenants, and receiving their Rents (but was not then ready for it). And for St. Day, there is an Affidavit of Henry Maynard, That the Lord Mohun entered, and had the Key of a Tin-house there delivered to his Use, in May, 1645; and was then, and about the latter End of April, 1646, in quiet Possession, and received some Tin (which is a Duty from the Tinners to the Lord of the Manor): Yet afterwards, the Lord Mohun complaining to your Lordships that he was disturbed in his quiet Possession, your Lordships ordered, the 14th of January last, That he should enjoy the Privilege of Parliament, as a Peer of this Realm; and that his Lordship may have the ancient Writ issued forth on his Behalf, for the Privilege of Peers, to stay any Proceedings upon the Title of his said Lands: Which Order was served in February last upon Sir Henry Carew and Charles Roscarrocke (by one Webber), who by Affidavit affirmeth, That, at that Time, the Defendants came with much Company to take up the Profits of the said Tin; and that Sir Henry Carew did then say, "It was a forged Order;" and Mr. Roscarrocke said, "He thought so too;" and that, upon striving for the said Tin, the said Webber was thrown down, and others (of the Lord Mohun's Agents) were hurt. And I am satisfied that the Words were spoken; but whether Side did first begin to quarrel did not clearly appear to us (the Affidavits being very cross). And this was all we could do at that Time; determining to have heard them further upon Mr. Hackwell's Return, he then saying he must go out of Town. But whether the said Defendants have committed a Contempt, by these Words and Behaviours of theirs upon serving the said Order, I humbly submit to your Lordships Judgements; it resting (in mine Opinion) much upon the Exposition of your said Order of the 14th of January, whether your Lordships intended (by declaring the Lord Mohun's Privilege) that the Defendants should take Notice of it, and be served with the said Order; or whether your Lordships meant that that Declaration of his Lordship's Privilege should be only a Warrant for the issuing out of such a Writ as is there mentioned, and that the Defen dants should be served with the said Writ; wherein if your Lordships will be pleased to declare yourselves, it will be a great Direction to us, if your Lordships shall be pleased to command us to proceed any further in these Examinations. All which, in Obedience to your Lordships Order of the One and Thirtieth of December last, I do humbly certify, and submit to your Lordships grave Judgements.

"Edw. Leeche."

Ordinance to clear Ly. J. Boteler of her Delinquency.

"Whereas Dame Joane Boteler Widow, the Relict of Sir William Boteler Knight and Baronet, deceased, hath by both Houses of Parliament been admitted to the Fine of Two Thousand Seven Hundred Eightytwo Pounds, for and on the Behalf of Sir Oliver Boteler, an Infant Son, and Heir of the said Sir William Boteler his late Father deceased, whose Estate is under Sequestration for the Delinquency of his Father, he having been in Arms against the Parliament; which said Sum of Two Thousand Seven Hundred Eighty-two Pounds is paid and secured to the Committee intrusted for the Receipt thereof: It is now Ordered, Ordained, and Declared, by the Lords and Commons assembled in Parliament, That the Estate of the said Sir Oliver Boteler, now sequestered for the Delinquency of his late Father as aforesaid, shall be, and is hereby, cleared, acquitted, and discharged, of and from the said Sequestration; and the said Sir Oliver Boteler is hereby restored to the same, and enabled to receive and have the Benefit of the Rents and Profits thereof, from the Day of the Payment of the said Fine, as fully as heretofore the same hath been received and enjoyed by his said Father, with an Exception of the Right or Estate of the said Sir Oliver Boteler in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel: Provided always, That this Ordinance shall not extend to free the said Sir Oliver Boteler from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular thereof made, and entered with the Committee at Gouldsmiths Hall; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Oliver Boteler shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Thomas and Brian Broughton, D°.

"Whereas Thomas Broughton, of Broughton, in the County of Stafford, Esquire, and Brian Broughton his Son, hath by both Houses of Parliament been admitted to the Fine of Three Thousand Two Hundred Pounds, the said Thomas Broughton (fn. 2) having adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Thomas and Brian Broughton, for their said Offence, in such Form as is agreed by both Houses for the like Offenders, together with a Grant of, and Restitution to them, their Heirs and Assigns, of all their Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said Thomas and Brian Broughton, from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Thomas and Brian Broughton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Thomas and Bryan Broughton from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Thomas and Brian Broughton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

House adjourned till 10^a cras.